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California Supreme Court,
9th U.S. Circuit Court of Appeals

Aug. 9, 2019

Death penalty reversed by 9th Circuit, 38 years after killer’s conviction

In a sharp inter-court rebuke, the 9th U.S. Circuit Court of Appeals on Thursday deemed “objectively unreasonable” a 23-year-old decision by the California Supreme Court that kept in place a capital sentence notwithstanding “striking” failures by a defense attorney that “all but ensured” his client’s prescribed execution.

Death penalty reversed by 9th Circuit, 38 years after killer’s conviction

In a sharp inter-court rebuke, the 9th U.S. Circuit Court of Appeals on Thursday deemed "objectively unreasonable" a 23-year-old decision by the California Supreme Court that kept in place a capital sentence notwithstanding "striking" failures by a defense attorney that "all but ensured" his client's prescribed execution.

The unanimous opinion recounted how Marvin Part, who defended Carlos J. Avena against two homicide counts arisin...

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